Feds: Megaupload user files may be deleted starting Thursday

Cogent Communications and Carpathia, Megaupload's two US hosting providers, …

The US Attorney's Office leading the prosecution of Megaupload founder Kim Dotocm and his associates has told the court that the companies hosting Megaupload data might begin deleting data on February 2, according to an AP report.

"The execution of those search warrants [on the servers] has now been completed," said the government letter. "The United States copied selected Mega Servers and copied selected data from some of the other Mega Servers, but did not remove any of the Mega Servers from the premises.

"Now that the United States has completed execution of its search warrants, the United States has no continuing right to access the Mega Servers. The Mega Servers are not in the actual or constructive custody or control of the United States, but remain at the premises controlled by, and currently under the control of, Carpathia and Cogent. Should the defendants wish to obtain independent access to the Mega Servers, or coordinate third-party access to data housed on Mega Servers, that issue must be resolved directly with Cogent or Carpathia. It is our understanding that the hosting companies may begin deleting the contents of the servers beginning as early as February 2, 2012."

Since Megaupload's assets are frozen, company attorney Ira Rothken told AP reporter Joshua Freed that Megaupload was unable to continue to pay its hosting providers, but that he had been working with prosecutors to keep the data—belonging to at least 50 million Megaupload users—from being erased.

Carpathian and Cogent representatives have not commented on the letter.

So they don't even want to inspect the data to ensure that there's actual infringing content there? Or do they already have all the evidence they need?

"What makes you so sure she's a witch?""BURN HER!"

I'm sure that they have more than enough evidence.

My question is what about the <5% of legitimate files that exist on Megaupload? Sure, the Megaupload EULA states that they are not responsible for your lost files -- but it's not Megaupload that is destroying those files, it's the U.S. government. I'm sure that it's allowed under U.S. law, and I'm assuming that the two hosting companies are within the U.S.

Yeah, they are not giving the OK to delete the files or ordering anyone to delete the files, they are giving their opinion as to the legality of deleting the files. They can't force the hosting companies to host when they're not being paid. The more interesting point is how to protect evidence in this situation. Your assets get frozen when you've not had your day in court.

The feds did not tell anyone to delete anything. They simply said they are done with the servers, so if the companies who own said servers want to delete data, they can. They are no longer legally required to keep any data.

The feds did not tell anyone to delete anything. They simply said they are done with the servers, so if the companies who own said servers want to delete data, they can. They are no longer legally required to keep any data.

I do not see this as the feds doing anything particularly malicious.

Yeah, the article was not as explanatory when it was first publish -- it was updated about 10 minutes after it was published with more info and a better explanation of what was going on. Hence the first bunch of posts look ill informed.

Reading comprehension fail.The government is not deleting anything.. but they have the evidence they need, and the hosting providers are able to delete, if so desired, the data in accordance with any contract signed with megaupload.

Isn't this like deleting evidence? How is Megaupload going to prove that only an insignificant amount of the data is copyrighted by the complainants? How are the Complainants going to prove that a significant amount of the data is their copyright?

Where are people getting the U.S. gov is destroying evidence? Did you guys even read the article. They froze tue servers got what they needed and now they are releasing the server. Once the forensic accountants go through all the financial records they will release the money as well. This is all part of the "due process" people are screaming about. Its not the U.S. govs job to pay MegaU's bills

Where are people getting the U.S. gov is destroying evidence? Did you guys even read the article. They froze tue servers got what they needed and now they are releasing the server. Once the forensic accountants go through all the financial records they will release the money as well. This is all part of the "due process" people are screaming about. Its not the U.S. govs job to pay MegaU's bills

Because they're being sued for illegal seizure. Have you only read this article?

Where are people getting the U.S. gov is destroying evidence? Did you guys even read the article. They froze tue servers got what they needed and now they are releasing the server. Once the forensic accountants go through all the financial records they will release the money as well. This is all part of the "due process" people are screaming about. Its not the U.S. govs job to pay MegaU's bills

Because they're being sued for illegal seizure. Have you only read this article?

How can you possibly defend your self in a case like this when all your possible evidence could possibly be wiped out. It would not surprise me if MegaUpload used these same services for their backups/business data.

This seems quite odd... I know it could be the Gov has no choice as they can not keep the data from getting erased because of the contract MU had with the data storage companies... BUT it seems like this would really hurt the ability for the defense to actually defend...

I have read many articles on this story, so because they are being sued they are reguired to pay someone else's hosting fees? They aren't charging mega for the cost of storing the seized files. Also the people in Spain whonare suing can get a court order to stop the files from being deleted.

Did anyone actually read the article? The government is not ordering the deletion of the data: they are simply done gathering evidence. In fact, it is likely that the data would have already been deleted, except that the investigators needed time to gather the evidence that they needed, and ordered the hosting companies to retain it.

That's the way that web hosting works: when you stop paying your bills (for instance, when your assets are frozen), your data gets deleted. All the fed is saying now is "Carpathian and Cogent: We've got what we need, we don't care what you do with it now".

How can there not be provisions for paying out frozen assets to protect the basic functioning of an accused business? Megaupload should be able to go before a judge and state, basically, that if they can't pay there hosting fees and all of the users' content is destroyed, they'll be dead as a business even if they're acquitted of all charges. Similiarly, a more traditional business should be able to pay the mortgage on its factories. It's way too much power for the federal government if by accusing a company they can dismantle it by freezing funds. Once Megaupload is found guilty, sure, delete everything on those servers. But this strikes me as highly premature.

At the same time, I do appreciate that an apparently targetted search warrant was served, specific files were retrieved, and the government then relinquished ownership of the servers, preferring the user files get deleted rather than saving the for government data mining.

Where are people getting the U.S. gov is destroying evidence? Did you guys even read the article. They froze tue servers got what they needed and now they are releasing the server. Once the forensic accountants go through all the financial records they will release the money as well. This is all part of the "due process" people are screaming about. Its not the U.S. govs job to pay MegaU's bills

Because they're being sued for illegal seizure. Have you only read this article?

How can there not be provisions for paying out frozen assets to protect the basic functioning of an accused business? Megaupload should be able to go before a judge and state, basically, that if they can't pay there hosting fees and all of the users' content is destroyed, they'll be dead as a business even if they're acquitted of all charges. Similiarly, a more traditional business should be able to pay the mortgage on its factories. It's way too much power for the federal government if by accusing a company they can dismantle it by freezing funds. Once Megaupload is found guilty, sure, delete everything on those servers. But this strikes me as highly premature.

At the same time, I do appreciate that an apparently targetted search warrant was served, specific files were retrieved, and the government then relinquished ownership of the servers, preferring the user files get deleted rather than saving the for government data mining.

Except that now the defense can no longer use any data stored on the drives to benefit THEIR side of the case.

Where are people getting the U.S. gov is destroying evidence? Did you guys even read the article. They froze tue servers got what they needed and now they are releasing the server. Once the forensic accountants go through all the financial records they will release the money as well. This is all part of the "due process" people are screaming about. Its not the U.S. govs job to pay MegaU's bills

The text of the article was altered 10 minutes after it was first posted -- the original article was worded in a way that lead the reader to believe what the first few posters are posting about.

US.gov: Hey, we're done with this evidence, do whatever you want with it.Host: We're going to delete it unless we get paid.US.gov: We've conveniently removed MU's ability to pay you. Hope they didn't need any of that stuff to refute our charges. Suckers!MU: Fffuuuuuuuu...

I wonder if this makes the government open to lawsuits from people who may have lost data.

Isn't this destroying evidence? I thought the whole point of depriving users of their personal property was to "preserve evidence". Now apparently that reasoning is a total sham.

Take a good long hard look. This is what "the cloud" looks like.

You should re-read the article. The American government isn't destroying the evidence. According to their quote, they were granted access to these servers from the hosting companies by way of warrant. Now they've completed their search, have copied all the evidence they need, and no longer require access to the servers. Now the hosting company can do whatever they want with the data, but the Feds understand that the hosting company will begin deleting the data.

And whether it makes the government open to lawsuits, I'm not a lawyer but I doubt it. Their quote seems to suggest that it's the hosting company who came to the decision of deleting the data.

So they don't even want to inspect the data to ensure that there's actual infringing content there? Or do they already have all the evidence they need?

"What makes you so sure she's a witch?""BURN HER!"

They got what they wanted from them. per the article "The United States copied selected Mega Servers and copied selected data from some of the other Mega Servers, but did not remove any of the Mega Servers from the premises."

So they don't even want to inspect the data to ensure that there's actual infringing content there? Or do they already have all the evidence they need?

"What makes you so sure she's a witch?""BURN HER!"

I'm sure that they have more than enough evidence.

My question is what about the <5% of legitimate files that exist on Megaupload? Sure, the Megaupload EULA states that they are not responsible for your lost files -- but it's not Megaupload that is destroying those files, it's the U.S. government. I'm sure that it's allowed under U.S. law, and I'm assuming that the two hosting companies are within the U.S.

The U.S. didn't destroy any files, read the article, "It is our understanding that the hosting companies may begin deleting the contents of the servers beginning as early as February 2, 2012."

Its the hosting company that will delete files, not the U.S., all the U,S, did was copy data per the article: "The United States copied selected Mega Servers and copied selected data from some of the other Mega Servers, but did not remove any of the Mega Servers from the premises."

Sean Gallagher / Sean is Ars Technica's IT Editor. A former Navy officer, systems administrator, and network systems integrator with 20 years of IT journalism experience, he lives and works in Baltimore, Maryland.